5.  The applicant was born in 1937 and lives in Novocherkassk, a town in the Rostov Region. He is a retired military officer.
6.  In August 2004 the applicant brought proceedings against the Military Service Commission of Novocherkassk (Военный комиссариат г. Новочеркасска – “the Commission”) seeking to recover his pension arrears from January 1995 to March 1998 to take account of the increase of the minimum monthly wage.
7.  On 15 September 2004 the Novocherkassk Town Court of the Rostov Region granted the applicant's claim and awarded him 252,510.91 roubles (RUR) in arrears. The court held that the judgment should be enforced immediately. The Commission missed the statutory time-limit for lodging an ordinary appeal against the judgment, and it became final on 25 September 2004.
8.  The Novocherkassk Town Court of the Rostov Region issued the applicant with a warrant of execution which the applicant submitted to the Commission on 11 October 2004. The Commission, however, did not comply with the judgment of 15 September 2004 and instead filed an application for review of the judgment due to what it considered to be newly discovered circumstances.
9.  On 10 February 2005 the Novocherkassk Town Court of the Rostov Region dismissed the Commission's request.
10.  In July 2005 the applicant brought proceedings against the Commission in the Oktyabrskiy District Court of Rostov-on-Don seeking to recover his pension arrears from January 1995 to March 1998 relating to a long-service bonus and inflation.
11.  On 18 July 2005 the Oktyabrskiy District Court of Rostov-on-Don granted the applicant's claim and obliged the Commission to recalculate the applicant's pension from January 1995 to March 1998 in view of the 25% increase of the salary and the variation of the consumer price index in the Rostov Region between 1 February 1995 and 31 December 2004.
12.  On 24 October 2005 the amount of RUR 14,038.44 was paid into the applicant's bank account following the judgment of 18 July 2005.
13.  On 19 September 2005 the Commission filed an application for supervisory review of the judgment of Novocherkassk Town Court of 15 September 2004, referring to the lack of grounds in domestic law for increasing the applicant's pension, and asked for the stay of enforcement.
14.  On 5 October 2005 the Rostov Regional Court examined the above application and decided to obtain the case file. The enforcement proceedings were suspended. The Rostov Regional Court remitted the supervisory review application for examination on its merits by the Presidium.
15.  On 12 January 2006 the Presidium of the Rostov Regional Court held a supervisory review hearing. It concluded that the first-instance court had erroneously applied the substantive law and that the matter should have been examined by a district court rather than a town court. On these grounds it quashed the judgment of 15 September 2004 and remitted the matter to the Oktyabrskiy District Court of Rostov-on-Don for a fresh examination.
16.  On 15 February 2006 the Oktyabrskiy District Court of Rostov-on-Don discontinued the proceedings having considered the dispute at issue to be the same as the one examined by it on 18 July 2005.